The Federal Rules of Evidence shall be applicable in all actions brought before the Tribal Court unless the parties stipulate in writing that the Washington Rules of Evidence apply. Federal case law, or in the alternative Washington case law, interpreting the applicable Rules of Evidence may be cited as persuasive authority. Regardless of what Rules of Evidence are used, the Court reserves the right to independently interpret the rules in accordance with the laws, customs, and traditions of the Port Gamble S’Klallam Tribe. In criminal matters the applicable Rules of Evidence shall be those current at the time of filing the criminal complaint(s). In civil matters the applicable Rules of Evidence shall be those current at the time of filing the civil complaint or petition. In both civil and criminal matters, the parties may stipulate to using the Washington Rules of Evidence provided that a written stipulation is filed with the court at least 14 days prior to the trial.
In criminal cases, for purposes of attacking the credibility of a witness under the Federal Evidence Rule 609 or the Washington Evidence Rule 609, evidence of convictions of a crime in Tribal Court may be admitted if the conviction was for a crime punishable by imprisonment of 31 days or more.
(Res. 14-A-046, 3/25/2014)